European patent - Examination of opposition

According to rule 81 of the European Patent Convention (EPC) Implementing Regulations,

(1)

The Opposition Division shall examine those grounds for opposition which are invoked in the opponent's statement (of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds).

Grounds for opposition not invoked by the opponent may be examined by the Opposition Division of its own motion if they would prejudice the maintenance of the European patent.

(2)

Communications during this examination, by which the Opposition Division shall invite the parties, as often as necessary, to file observations on communications from another party or issued by itself.and all replies thereto shall be sent to all parties. If the Opposition Division considers this expedient, it shall invite the parties to reply within a period to be specified.

(3)

In any communication during this examination , the proprietor of the European patent shall, where necessary, be given the opportunity to amend, where appropriate, the description, claims and drawings. Where necessary, the communication shall contain a reasoned statement covering the grounds against the maintenance of the European patent.

Prepared, November 9th , 2022

by European Patent Registration and Consulting Services

prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law &Trade from Liechtenstein

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